Category: fox-news/us/immigration/illegal-immigrants

House Homeland GOP report accuses Mayorkas of ‘intentional’ dereliction of duty over border crisis

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Republicans on the House Homeland Security Committee on Wednesday issued a scathing report accusing DHS Secretary Alejandro Mayorkas of being "intentionally" derelict in his duty to the country as he implemented a "radical open-borders agenda."

Chairman Mark Green launched an investigation into Mayorkas’ ‘dereliction of duty’ earlier this year amid a barrage of criticism of how the administration has handled the border crisis now into its third year. There were more than 1.7 million encounters in FY 2021 and more than 2.4 million in FY 2022. Numbers have been similarly high in FY 2023, but have recently seen a drop in May and June.

In the interim report published on Wednesday evening, the report accuses the DHS secretary of "undoing effective policy" of implementing an "open-borders" policy agenda and of ignoring nearly a dozen laws passed by Congress.

"On top of these failures to uphold the law and fulfill his oath of office, Mayorkas has willfully undermined the sacred foundation of our constitutional republic—the separation of powers. He has rejected his responsibility to enforce the laws passed by Congress, and he has refused to respect rulings by the federal judiciary," it finds. 

HOUSE HOMELAND REPUBLICANS TO LAUNCH PROBE INTO MAYORKAS' ‘DERELICTION OF DUTY’ IN HANDLING BORDER CRISIS 

The report says that it is not just a question of policy differences, and says that policies must have foundations "in the laws passed by Congress, and work to the benefit of the American people."

"This cannot be said to be true of Mayorkas’ actions and policies as DHS secretary. It is, therefore, the solemn conclusion of this Committee that Mayorkas has been derelict in his duty, and that this dereliction has been intentional," it says.

The report levels dozens of accusations against the secretary, arguing that he abused humanitarian parole to expand it well beyond the "case by case" basis laid out in law, while ignoring court orders to re-implement Trump-era policies and of "flouting" requirements for detention of illegal immigrants.

It accuses him of canceling "effective" policies including border wall construction, Title 42 and the Migrant Protection Protocols (MPP), while implementing policies that it says are "actively benefiting" illegal immigrants. Specifically, it points to narrowed Immigration and Customs Enforcement (ICE) guidance, that coincided with plummeting deportations, increased use of catch-and-release and "irresponsible rhetoric."

"Mayorkas is required to remove illegal aliens, but under his leadership and policies, removals by ICE have hit historic lows, and the targets set by his department continue to drop," it says. "He has even told ICE agents that an alien’s unlawful presence in the country is no longer sufficient grounds to remove them, despite the clear language of the law saying otherwise. He has even flouted the orders of a co-equal branch of government, refusing to fully and faithfully comply with a federal court order requiring him to reinstate the Migrant Protection Protocols."

The report marks the latest in a relentless hammering of the secretary by Republicans in both chambers -- some of whom have called for his impeachment. Green has held off from endorsing such a move at this point, saying the committee is not there yet.

"My mission as the chairman of [the committee] is ‘get to the facts.’ So we're not talking about that. We're not using that word. Every single thing we're going to look at, every rock we're going to look under is to find the facts," he said in June to Fox News Digital. "And the facts, I think, are going to show that he has disregarded the laws passed by Congress, subverted those laws, been dishonest to Congress and the American people, among many, many other things. And we're just going to get to the bottom of all that."

MIGRANT NUMBERS DROP SHARPLY IN JUNE AS BIDEN ADMIN'S POST-TITLE 42 STRATEGY TAKES SHAPE

The Biden administration pushed back, pointing to a sharp drop in encounters at the border since the end of the Title 42 public health order in May -- despite widespread predictions that it would be followed by an increase in apprehensions. Numbers in June show 144,000 migrant encounters for the month, which is the lowest number since February 2001, although still high compared to pre-2021 numbers. Officials have also highlighted that it removed more individuals in FY 2022 via Title 8 and Title 42 than in any other fiscal year to refute claims of "open border" policies.

MAYORKAS TO TESTIFY BEFORE HOUSE JUDICIARY COMMITTEE AMID GOP SCRUTINY OVER BORDER CRISIS 

The administration has tied the drop in encounters to measures it put into place when Title 42 ended in May, including a significant and historic expansion of the use of parole to expand lawful immigration pathways -- combined with an asylum rule which limits migrants from claiming asylum if they enter illegally and fail to claim asylum at a country through which they already passed. That rule is currently facing legal challenges from both left-wing activity groups and GOP-led states. DHS officials have also pointed to statements Mayorkas has made in which he has repeatedly stressed that the U.S. is a "nation of laws."

"Secretary Mayorkas is proud to advance the noble mission of the Department, support its extraordinary workforce, and serve the American people," a DHS spokesperson said on Wednesday. "The Department will continue to enforce our laws and secure our border, protect the United States from terrorism, and improve our cybersecurity, all while building a safe, orderly, and humane immigration system."

"Instead of pointing fingers and pursuing a baseless impeachment, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," the spokesperson said.

Democrats on the committee were also critical of the report.

"Since Extreme MAGA Republicans predetermined months ago they would impeach Secretary Mayorkas, they have been busy trying to manufacture so-called ‘evidence’ to do so," Ranking Member Bennie Thompson said in a statement. "But their cooked-up narrative is not reality."

"I realize Republicans have been counting on chaos on border for months and are now panicking that the Administration policies are working, but there is no valid basis for impeachment. Any attempt to do so would be a sham. We’re here to serve the American people, not right-wing special interests in Washington," he said.

There is no sign, however, that the scrutiny of the secretary will cease any time soon. The report published Wednesday is only the interim report of the first phase of the investigation, with the second phase already underway.

Meanwhile, the House Judiciary Committee will hold a hearing next week at which Mayorkas will be present -- and will likely face a grilling from Republicans over the border crisis. 

Supreme Court hands Biden admin major win on challenge to ICE enforcement policy

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The Supreme Court on Friday handed the Biden administration a major victory on a key immigration case – ruling that GOP-led states do not have standing to challenge a policy narrowing federal immigration enforcement.

The justices, in an 8-1 ruling in U.S. v Texas, found that Republican states did not have standing to challenge a narrowing of Immigration and Customs Enforcement (ICE) priorities for arrests and deportations of illegal immigrants. 

"In sum, the States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this," the opinion, written by Justice Brett Kavanaugh, said.

Justice Samuel Alito was the sole dissenting justice.

DHS SAYS IT WILL ABIDE BY COURT ORDER BLOCKING BIDEN ICE RESTRICTIONS

The case involved the issuing of new enforcement guidelines by the Department of Homeland Security. After initially attempting to impose a 30-day moratorium on all ICE deportations, the department issued guidance that restricted ICE agents to targeting three types of illegal immigrants for arrest and deportation: recent border crossers; threats to public safety; and national security threats.

"The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them," DHS Secretary Alejandro Mayorkas said in the memo. "We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country's well-being require it."

The department said it was the most efficient use of limited resources to protect the American people, but critics saw it as part of a broader rolling back of enforcement and border security. The imposition of those guidelines coincided with a sharp drop in ICE deportations. In FY 2021, which included the final months of the Trump administration, ICE arrested 74,082 noncitizens and deported 59,011. Of the 74,082 arrests between October 2020 and October 2021, only 47,755 took place after Feb. 18 when the new priorities were implemented. Of removals, just 28,677 of the 59,011 deportations took place after Feb. 18.

NEARLY 17 MILLION ILLEGAL IMMIGRANTS LIVING IN US, 16% INCREASE SINCE 2021: ANALYSIS

Texas and Louisiana challenged the legality of the guidelines, arguing that the policy breached the Administrative Procedure Act and that they had standing because their states would incur greater law enforcement costs and a significant impact on social services due to the increase in illegal immigration that resulted. A district court found that the states did have standing and blocked the implementation of the policy.

MIGRANT NUMBERS EXCEEDED 200,000 ENCOUNTERS AGAIN IN MAY AS TITLE 42 EXPIRED

However, the high court disagreed: "The threshold question is whether the States have standing under Article III to maintain this suit. The answer is no." The opinion said that while monetary costs are an injury, the injury to allow standing must also be "legally and judicially cognizable."

It also clarified that it was not stating that states may never have standing over an alleged failure to make more arrests or prosecutions – including if the Executive Branch "wholly abandoned" its responsibilities in this regard -- but not in this case.

Justices Neil Gorsuch, Amy Coney Barrett and Clarence Thomas concurred in the judgment, but said they "diagnose the jurisdictional defect differently…the problem here is redressability." They say that the states lack standing "because federal courts do not have authority to redress their injuries."

Justice Alito, in his dissent, says that the majority "brushes aside a major precedent that directly controls the standing question, refuses to apply our established test for standing, disregards factual findings made by the District Court after a trial, and holds that the only limit on the power of a President to disobey a law like the important provision at issue is Congress’s power to employ the weapons of inter-branch warfare—withholding funds, impeachment and removal, etc."

Alito notes that Congress passed legislation in the 1990s that commands the detention and removal of illegal immigrants who have been convicted of certain crimes.

"The Secretary of Homeland Security, however, has instructed his agents to disobey this legislative command and instead follow a different policy that is more to his liking. And the Court now says that no party injured by this policy is allowed to challenge it in court," he says, accusing his colleagues of "a deeply and dangerously" flawed interpretation of executive authority.

The case is one of a number of immigration challenges that have faced the Court, including recent challenges to end the Title 42 public health order. It is likely to eventually consider a challenge to a "Parole with Conditions" policy, which saw migrants released without court dates due to overcrowding and was implemented as Title 42 ended in May. The policy was blocked by a federal judge just days later. 

Texas Republican pushes Biden impeachment over ‘false’ compassion for migrants, ‘reach’ of cartels into US

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Rep. Chip Roy, R-Texas, scorched President Biden in a House floor speech Thursday demanding his impeachment, accusing the administration and Democrats of expressing "false" compassion toward migrants while allowing the "dangerous hand of cartels" to stretch into the United States. 

On Wednesday night, the House Rules Committee reported a rule to refer House Resolution 503 to the Committee on Homeland and Security and Judiciary laying out articles of impeachment against President Biden "for his failure to secure the southern border of the United States." 

"The laws of the United States are there expressly and specifically laid out to ensure that our border will be protected, that our nation will be secure," Roy told the House floor Thursday. "That is the fundamental question before us is when the Executive Branch fails to follow the law, when the Executive Branch fails to adhere to its duty to defend the Constitution, the laws of the United States, then what is it that the Congress – that the People's House – is supposed to do in response?"

"The founders gave us a mechanism, and here today we are talking about putting forward and referring these articles to the Homeland Security Committee for determination of the extent to which the homeland is, in fact, not secure as a direct consequence of the refusal of the administration, well beyond maladministration, but very specifically the refusal to follow the laws of the United States that is resulting in the direct consequence of the death and damage to the American people.," he continued.

DESANTIS ANNOUNCES NATIONWIDE COALITION OF 90 SHERIFFS TO PUSH BACK AGAINST BORDER CRISIS

Roy said since Biden took office, there have been more than 5 million illegal migrant encounters along the southwest border – including more than 240,000 illegal immigrants encountered at the border in May alone. Since the "relaxed enforcement" of Title 42, he argued about 2 million illegal immigrants have successfully evaded border agents, based on "relatively conservative accounting," Roy said. He said data shows 125 individuals from the terrorist watch list have been encountered this fiscal year, compared to about 98 in all the last fiscal year and about 10 in the last year of the Trump administration. 

In his floor speech, Roy referenced a recent opinion from U.S. District Judge for the Northern District of Texas Reed O’Connor laying out how illegal immigrants pleaded guilty to conspiracy to transport and harbor illegal migrants. The sentencing information shows that on behalf of the Juarez cartel, the defendants participated in a migrant smuggling conspiracy. 

The smuggling organization charged $10,000 to smuggle an adult illegal immigrant to the U.S. and between $12,000 to $14000 to smuggle a child.

The order lays out how authorities discovered that there was an illegal immigrant in Baltimore who was being held for ransom so that his family would not be abused by the Juarez cartel. The cartel member allegedly told the husband, "They would do things to his daughter he would not like," if he did not make a payment of $23,000, Roy said. 

"This is the state of affairs in our country. And this is the consequence to those migrants who were seeking to come here when my colleagues in the false name of compassion state that open borders is somehow good for them," Roy said. "But this is causing crime to extend into our communities. This is causing us to experience the dangerous hand of cartels. Just this morning, we had more news about cartels and their reach into Texas, into the United States. It is an everyday occurrence. Bailouts, damage to ranches, harm to Texans, death to Texans, fentanyl. How many more fentanyl moms? How many more angel moms? How many more Americans need suffer because this president refuses to follow the laws of the United States that he raised his hand and swore an oath to defend?" 

NEARLY 17 MILLION ILLEGAL IMMIGRANTS LIVING IN THE US, 16% INCREASE SINCE 2021: ANALYSIS

In a fiery response, Rep. Jim McGovern, D-Mass., slammed the House Rules Committee for convening Wednesday night to deploy emergency procedures to refer the Biden impeachment resolution to committee. 

"What a spectacular emergency. Truly something that needed to be done immediately," McGovern scoffed. "We all know the truth. The real emergency here was that the Georgia wing and the Colorado wing of the MAGA caucus got into a fight right over -- right over there on the House floor about who gets to impeach the president first. The truth is that Speaker McCarthy has lost control of this House, and it is being run by the MAGA fringe. This is nuts." 

Since the end of Title 42 on May 11, the Democrat argued that unlawful entries along the southern border have plummeted. As of June 6, Customs and Border Protection reported over 70% fewer encounters between points of entry or unscheduled encounters per day, McGovern said, adding that "fentanyl seizures have increased under the Biden presidency." 

"They would rather talk about building a stupid wall along our southern border that they know won't work," McGovern said of Republicans. "Or about a non-binding resolution they put on the floor this week that demonizes migrants but does nothing to fix our immigration system. I mean, they have a policy disagreement with President Biden and their first impulse isn't let's pass an immigration bill. Their first impulse is to impeach him. Our founding fathers must be rolling over in their graves." 

Before yielding his time, Roy responded to McGovern’s remarks. 

"I would just note that this morning, Texas DPS troopers arrested a Gulf cartel operative in the Rio Grande Valley moving smugglers across the river, having paid thousands of dollars, moving five illegal immigrants into the United States," Roy countered. "This is somebody that had been affiliated with a dangerous cartel. It's happening every day of the state of Texas because this administration refuses to do its job." 

House Homeland Republicans to launch probe into Mayorkas’ ‘dereliction of duty’ in handling border crisis

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FIRST ON FOX: The House Homeland Security Committee will hold a hearing next week that officially launches an investigation into the alleged "dereliction of duty" by DHS Secretary Alejandro Mayorkas in his handling of the ongoing crisis at the southern border.

The hearing, "Open Borders, Closed Case: Secretary Mayorkas’ Dereliction of Duty on the Border Crisis," will take place on Wednesday and will include testimony from former acting DHS Secretary Chad Wolf, former Border Patrol Chief Rodney Scott and former acting U.S. Citizenship and Immigration Services director Joe Edlow.

The committee has undertaken a vigorous oversight timetable toward the Biden administration’s handling of the migrant crisis -- which spiraled to historic levels under its watch. The committee held a bombshell field hearing in March, in which Border Patrol Chief Raul Ortiz described a situation in which agents were overwhelmed in multiple sectors where there was no operational control of the border.

Since then, the committee played a central role in forming a border and immigration package, which passed the House in May, but has not yet been picked up in the Senate.

With the House passage, an investigation of Mayorkas’ conduct is on the table, committee chairman Rep. Mark Green told Fox News Digital.

EX-DHS CHIEF WOLF ACCUSES BIDEN ADMIN OF ‘CRISIS BY DESIGN’ AT THE BORDER, CALLS FOR NEW LEADERSHIP

"We passed the legislation, and now we're gearing up to hold Mayorkas accountable. That's essentially what starts next Wednesday. And it's going to be a process of basically investigating, looking at the facts of the decisions that have been made by this secretary and how it's impacted the American people," he said.

Many Republicans, including House Speaker Kevin McCarthy, have floated a potential impeachment of Mayorkas -- with some members even introducing articles of impeachment against the DHS chief. But Green says the committee isn’t at that point yet.

"My mission as the chairman of [the committee] is ‘get to the facts.’ So we're not talking about that. We're not using that word. Every single thing we're going to look at, every rock we're going to look under is to find the facts," he said. "And the facts, I think, are going to show that he has disregarded the laws passed by Congress, subverted those laws, been dishonest to Congress and the American people, among many, many other things. And we're just going to get to the bottom of all that."

APPEALS COURT DENIES BIDEN ADMIN REQUEST FOR STAY IN CHALLENGE TO MIGRANT RELEASE POLICY 

The Biden administration has backed Mayorkas, and has pushed back on Republicans and conservatives calling for his ouster. The agency has pointed to a sharp over 70% drop in border encounters since just before the end of Title 42 in May that it says shows that its plan is working "as intended."

That plan includes a significant expansion of lawful pathways — including greater use of the controversial CBP One app and various parole programs — an asylum rule to limit claims by those who enter the country illegally, greater cooperation with Mexico, and stiffer penalties under Title 8, as well as increased repatriations. The administration has instead called on Congress to provide more funding and pass a sweeping immigration bill that the administration introduced on Day One. It has also touted a number of anti-smuggling efforts that it has launched in the region with regional partners.

"Secretary Mayorkas is proud to advance the noble mission of the Department, support its extraordinary workforce, and serve the American people," a spokesperson told Fox News Digital this week in response to criticism of Mayorkas in a separate hearing. "The Department will continue to enforce our laws and secure our border, protect the United States from terrorism, and improve our cybersecurity, all while building a safe, orderly, and humane immigration system. 

"Instead of pointing fingers and pursuing baseless attacks, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," the spokesperson said.

Green is skeptical of the numbers cited by the administration, noting that they are comparing to a historic spike of 10,000 migrants a day seen a few days before the end of Title 42, and arguing that there has been a lack of transparency on specific numbers from the administration that his committee has requested.

"It's a shell game, and we're going to get to the bottom of that in this investigation, too," he said.

He also rejected claims that the administration has been working to secure the border.

"What Alejandro Mayorkas has done has created an open border. And that open border was intentional. And unfortunately, the cartels have seized that opportunity, made billions of dollars on human trafficking, and they've also sent fentanyl into the United States in record numbers, killing Americans," he said. 

"So I think I have a duty to find out the answers about why and how. And I need to inform the American people of just exactly the failure that this secretary has been," he added.
 

Ex-DHS chief Wolf accuses Biden admin of ‘crisis by design’ at the border, calls for new leadership

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FIRST ON FOX: The former acting head of the Department of Homeland Security will today rip into the Biden administration's handling of the ongoing crisis at the southern border, accusing the administration of a "crisis by design" at the border, and calling for new leadership at the Department of Homeland Security

Chad Wolf, who served as acting DHS secretary during the Trump administration and oversaw the implementation of a number of key Trump-era policies, will speak at the House Judiciary Committee’s immigration subcommittee hearing on the ongoing crisis at the border.

The hearing will ask "Is the law being faithfully executed" and Wolf will tell lawmakers that "the answer, by any objective measure or metric is a resounding no."

FLORIDA OFFICIALS CONFIRM STATE BEHIND MIGRANT FLIGHTS TO CALIFORNIA AS NEWSOM THREATENS ‘KIDNAPPING CHARGES’ 

"Today’s border security system is unrecognizable from the America First policies of the Trump Administration or even what was in place during the administrations of Presidents Clinton, Bush, and Obama," Wolf will say in prepared remarks obtained by Fox News Digital. "In all candor, the Biden administration is the first administration of either political party to deliberately take steps to diminish the security along our southern border." 

"Therefore, it is my opinion that new leadership is needed at DHS," Wolf, now the executive director at the America First Policy Institute, will tell the committee.

Wolf joins a chorus of voices on the right who have called for the removal -- and potentially the impeachment -- of Mayorkas, who has come under heavy fire for his handling of the border crisis now deep into its third year.

The border has seen a historic number of migrant encounters at the border since the administration took office. The historic 1.7 million encounters in FY2021 was subsequently dwarfed in FY 2022 when there were more than 2.3 million encounters.

Numbers have hit records in FY 2023, when there were over 250,000 migrant encounters in a single month in December. There was a surge ahead of the end of Title 42 in May, with over 10,000 encounters a day, but numbers have dropped sharply by as much as 70% since the order ended.

The administration has said that a recent drop in encounters since Title 42 ended on May 11, and in some of the months before that, shows that the policies it is implementing are working. Those policies focus on expanding lawful pathways including a controversial use of parole, coupled with shifting to traditional Title 8 penalties for illegal crossings and a new asylum rule which limits claims for those who cross illegally and who have not claimed asylum in other countries through which they traveled.

‘SHOCKING': LAWMAKERS HEAR OF BORDER CRISIS' IMPACT ON CBP, ICE MORALE

"The administration’s plan is working as intended," DHS said in a statement this week. "We are cognizant, however, that the conditions in the hemisphere that are driving unprecedented movements of people are still present and that the cartels and coyotes will continue to spread disinformation about any potential changes to policies at the border in order to put migrants’ lives at risk for profit. We will remain vigilant and continue to execute our plan, making adjustments where needed."

Separately, Mayorkas has repeated the administration's calls for Congress to provide additional funding and to pass legislation to fix what he calls a "broken" immigration system.

But conservative and Republican critics have blamed the longer-term crisis on the administration’s expanded use of "catch-and-release," which had been curtailed sharply during the Trump administration with policies that have since been reversed by the Biden administration. Additionally, critics have pointed to the Biden administration’s reduced interior immigration enforcement, the end of border wall construction, and have questioned the legality of the use of parole in expanded pathways it has put into place. Wolf argues that the expanded pathways are only "a diversion of illegal aliens from between ports of entry to the ports of entry."

In his remarks, Wolf will contrast the Biden administration’s approach with the Trump administration’s approach, arguing that the prior administration secured the border, deterred illegal immigration, enforced the law and disrupted cartels.

"In stark contrast, today we see a border in chaos and crisis because the Biden administration ideologically and arbitrarily dismantled all of these proven policies," he will say. "Recommendations and concerns by Career Border Patrol experts were ignored and political correctness and rank ideology supplanted common sense and adherence to our immigration laws." 

APPEALS COURT DENIES BIDEN ADMIN REQUEST FOR STAY IN CHALLENGE TO MIGRANT RELEASE POLICY 

"To be clear -- the laws didn’t change between administrations – just the decision by the Biden administration not to follow those laws. They embraced destructive and unlawful policies that have made American communities dangerous and enriched the Mexican drug cartels," Wolf says.

Wolf notes statistics showing that 4.5 million migrants -- including 1.5 million "gotaways" -- have arrived in the country, a number bigger than every major U.S. city except New York City. He also challenges the claim by the Biden administration that its new process is "safe orderly and humane."

"But to whom exactly? Not to the migrants abused, extorted, or dying along the journey; not to American communities that have been overrun by this influx of illegal aliens and lethal fentanyl; and not to Border Patrol officers who have been assaulted and have pleaded with political leadership to solve this crisis," he says. "Instead, the process that has been created over the last two years can be more accurately described as dangerous, corrupt, and inhumane."

He goes on to say that the administration has failed to adhere to the DHS mission of securing the homeland and protecting its citizens.

"But the Biden Administration has not adhered to the DHS mission and eroded our institutions and ignored the rule of law. These policies are unlawful and this is a crisis by design," he says.

House Homeland Security Republican demands Mayorkas’ impeachment as migrants to be housed at major NYC airport

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EXCLUSIVE – Rep. Anthony D’Esposito, R-N.Y., is leading the charge in calling for Homeland Security Secretary Alejandro Mayorkas’ impeachment.

Speaking to Fox News Digital by phone on Monday, Esposito, who serves on the House Homeland Security Committee, said Mayorkas has shown "a real dereliction of duty" and demanded he resign or face full impeachment. 

A retired NYPD detective, D'Esposito cited the "breakdown of law and order along the border," as well as the impact of the ongoing migrant crisis on New York communities, namely as the Federal Aviation Administration (FAA) approved New York City's plan to house migrants in a hangar at John F. Kennedy International Airport over the weekend. 

"I'm not going to be the last to have to ask for his impeachment. I think it's clear from the outrage, you know, among lawmakers that Mayorkas is not doing the job that he swore to do," D'Esposito told Fox News Digital. "I believe that one of the most important cabinet positions in the United States is that which protects our homeland." 

"The fact is he's just not living up to his oath," he said of Mayorkas. "Not only is he failing the administration, he is failing the American people. And that's my biggest concern." 

HOCHUL DEFENDS NYC CONTROVERSIAL MIGRANT BUSSING PROGRAM AS LAWSUITS MOUNT: 'THEY'RE ABSOLUTELY HERE LEGALLY'

D'Esposito said it's been weeks since he was able to question Mayorkas before the House Homeland Security Committee in late April. 

"With the ending of Title 42, he claimed that he had been planning for months and months and months. There was no plan in place. And if there was, we wouldn't be worrying about the opening of vacant warehouses in JFK Airport weeks after Title 42 ended," said D'Esposito, who also sits on the House Transportation Infrastructure Committee and is chairman of the Subcommittee on Emergency Management and Technology.

"I am not about just not allowing anyone into this country," said the freshman congressman, whose district represents parts of Long Island's Nassau County. "My mom came here with her seven brothers and sisters from Puerto Rico in 1955, and my grandparents worked their tails off to give my aunts and uncles and my mom a good life and a good education. And they did it the right way. I believe that people should be given the opportunity for the American dream." 

"We don't have the ability to handle these asylum seekers. And that's the problem. It's not about just giving people entry into this country, it's about making sure that we afford them the opportunities and the resources that they need for the life here," D'Esposito continued. "We're millions of cases behind and, you know, increasing the amount of people into this country are only going to put those cases that are backlogged further in backlog." 

DHS on Thursday expanded slots to seek asylum at land crossings with Mexico through a mobile app for the second time in less than a month, seeking to dispel doubts it isn't a viable option. There are now 1,250 appointments daily at eight land crossings, up from 1,000 previously and 740 in early May.

D'Esposito's office blamed a "lack of planning by the Department of Homeland Security," for New York City Mayor Eric Adams' controversial program sending busloads of migrants "to unprepared suburban communities surrounding New York City as the Big Apple has found itself overwhelmed by the sheer number of recent border crossers." 

FORMER EMPLOYEE REVEALS SHOCKING CONDITIONS IN NYC MIGRANT HOTEL: 'FREE FOR ALL'

The Port Authority of New York and New Jersey successfully petitioned the FAA for use of warehouse space at Kennedy airport to house migrants. New York Gov. Kathy Hochul has said state officials are working with New York City to devise a plan to house migrants in SUNY college dormitories. 

"That is a slippery slope. And we're going to start having migrants and asylum seekers living among our students. And that's not what parents pay tuition for, is to have their children go to an educational institution and have to share their campus with asylum seekers," D'Esposito told Fox News Digital. 

The congressman further spoke to the impact on crime in New York communities, as Nassau County officials announced a large takedown of illegal narcotics believed to have come from the souther border within the last month, as well as a burglary ring busted by the Nassau County Police Department within the last six months. 

"These are people that are here illegally. They've been arrested before. And the fact is that people are concerned, people are scared, people are nervous, and they should be," he said. 

"I met with leadership in many school boards throughout Long Island. And they have serious concerns," D'Esposito added. "When they plan their budget for the year, they try to run those schools like a business. They want to make sure they do their very best to deliver the most for the taxpayers. And the fact is that there are some school districts that are seeing such a large increase in unaccompanied minors that they can't keep their budget in check because they need to afford resources that they just don't have. So even our schools are taking a hit." 

In addition to the millions of migrants who have been apprehended by DHS personnel and released into communities, it has been reported that over 530,000 migrants have illegally entered the country and evaded capture since October 2022, as per May 2023 estimates by U.S. Customs and Border Protection, according to D'Esposito's office.

The Associated Press contributed to this report. 

Mayorkas comes face to face with family of grandmother, 7-year-old girl killed by human smuggler near border

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Secretary of Homeland Security Alejandro Mayorkas apologized Wednesday to the family of two victims who died in a traffic accident caused by a human smuggler fleeing arrest at the border.

Mayorkas — testifying before the House Homeland Security Committee — was asked to apologize to the family of Maria Tambunga and Emilia Tambunga, who were killed last month.

"They're sitting right behind you. They came here today because they want answers. They came here today because of the failures of you and your leadership. They came here because they want closure," said Republican Rep. August Pfluger of Texas.

SEN. MARSHALL INTRODUCES RESOLUTION FOR VOTE OF NO CONFIDENCE IN MAYORKAS AMID SENATE GRILLING

Mayorkas did stand and express condolences to the Tambunga family present — although he also accused Pfluger of politicizing the tragedy.

Speaking directly to the family without a microphone, Mayorkas could be heard at one point telling the group, "My heart breaks for your loss."

The Texas Department of Public Safety said Rassian Comer, 22, of Louisiana, ran a red light during a high-speed chase on eastbound I-10 in Ozona and crashed into Maria Tambunga's car. 

BORDER PATROL CHIEF SAYS DHS DOESN'T HAVE OPERATIONAL CONTROL OF US BORDER

Two of the 11 illegal migrants being smuggled in Comer's 2021 Dodge pickup truck were also killed in the crash, Texas DPS said. Both were from Mexico. 

"Mr. Mayorkas, are you going to tell the Tambunga family that the border is secure today?" Pfluger asked.

"Congressman, you are politicizing a tragedy," Mayorkas responded.

Mayorkas has become a lightning rod for Republican criticism over the border crisis, and scrutiny has increased ahead of the looming end of Title 42 expulsions at the beginning of May. 

BIDEN ADMIN SEES PROGRESS IN TACKLING BORDER CRISIS AS MARCH'S NUMBERS DOWN FROM LAST YEAR

"Mr. Mayorkas, do you disagree with the head Border Patrol agent when he said that our border is not secure?" Pfluger pressed.

"Congressman, I have testified to that issue," Mayorkas began.

"So you do disagree with him. You disagree with your chief of Border Patrol?" the congressman asked again.

"I respectfully do in that regard," the secretary replied.

While the administration has been touting relatively lower numbers in recent months — which it ties to border measures introduced in January that included increased expulsions of a humanitarian parole program for four nationalities — officials fear a massive increase in apprehensions once Title 42 drops.

The Biden administration has dismissed the push by Republicans in the House to impeach Mayorkas, saying that Congress should instead focus on fixing what it says is a broken immigration system. 

A spokesperson on Tuesday renewed those calls in response to a resolution by Sen. Roger Marshall, R-Kan., to trigger a vote of no confidence in Mayorkas.

Fox News' Bradford Betz and Adam Shaw contributed to this report.

Mayorkas held calls with ACLU nearly two dozen times in five-month period in 2021, documents show

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EXCLUSIVE: Homeland Security Secretary Alejandro Mayorkas held nearly two dozen calls with the American Civil Liberties Union (ACLU) in the first months of the Biden administration, official documents show.

Mayorkas’ official calendar from February to June 2021 was obtained by the government watchdog group Americans for Public Trust through a Freedom of Information Act request.

The calendar shows 23 calls with the left-wing civil rights group, which has called for immigration detention as a "last resort," and opposed multiple Trump-era border security and interior enforcement initiatives.

The meetings coincided with a dramatic lurch to the left by the Biden administration after it took over from the Trump administration, during which the new administration sought to slap a moratorium on Immigration and Customs Enforcement (ICE) deportations, scrapped the "Remain-in-Mexico" policy and halted border wall construction. Republicans have tied those moves and others, including an expansion of "catch-and-release," to the historic migrant surge that followed.

BIDEN ADMIN TO HOLD MIGRANTS' ‘CREDIBLE FEAR’ SCREENINGS IN CBP FACILITIES AS BORDER PREPARES FOR SURGE

The DHS secretary's first call with the activist group is registered on Feb 16, involving executive director Anthony Romero.

Over the next months, multiple meetings were held on Title 42 -- the Trump-era public health order that allows for the rapid expulsion of migrants at the southern border due to the COVID-19 pandemic. That order is now due to end on May 11. Liberal groups had criticized the use of the order, saying it denied migrants their right to claim asylum in the U.S. The ACLU has called it a "horrific" policy and had sued in an attempt to shut down the use of the order.

Another meeting on May 11 was called "ACLU recommendations" and came after another call with the group. That came a day before Mayorkas headed to the Senate Appropriations Committee in which he and Attorney General Merrick Garland stressed the threat posed to national security by domestic terrorist groups, including white supremacists.

Separately, Mayorkas held multiple meetings with "immigration advocates" at least seven times between February and May, suggesting additional left-wing voices were at the table when it came to immigration. Americans for Public Trust tied the meetings to the liberal policies put into place at the beginning of the administration.

"At a time when our country was barreling toward an unprecedented border crisis, Secretary Mayorkas gave open-borders activists an unusually prominent seat at the table," Americans for Public Trust executive director, Caitlin Sutherland said in a statement to Fox News Digital. 

"This administration’s decision to allow the very people advocating to dismantle DHS to shape its agenda led us to the crisis we’re seeing today. This raises serious questions about who is actually running the show at DHS," she said.

CBP OFFICIALS WARN POTENTIAL ILLEGAL IMMIGRANTS THAT ‘BORDER IS NOT OPEN’ AS TITLE 42'S END NEARS

The calendars also show three meetings on "enforcement priorities." between February and May. The administration, after being blocked from imposing a deportation moratorium, would attempt to restrict ICE agents to focusing only on three types of illegal immigrant -- recent border crossers, national security threats and public safety threats. 

Those restrictions, which have now been blocked amid a lawsuit which is before the Supreme Court, coincided with a sharp drop in deportations of illegal immigrants under the administration. Mayorkas, meanwhile, has been facing increasing scrutiny from lawmakers in the Republican-led House, who have blamed his policies for the border crisis and have even floated a possible impeachment. The administration has argued it is trying to open humane pathways for asylum while dealing with what it sees as a hemisphere-wide challenge.

It is unclear if that pace of meetings with the ACLU has continued. DHS and the ACLU did not respond to a request for comment from Fox News Digital. However, the administration has upset immigration activists -- including the ACLU -- with a number of moves in recent months as it prepares for the end of Title 42 next month.

The administration proposed a rule earlier this year that would bar illegal immigrants from claiming asylum if they have not sought asylum in a prior country through which they passed. That rule drew comparisons from activist groups to the Trump-era transit ban, and the ACLU has threatened to sue over the rule.

Meanwhile, the administration has also looked at holding credible fear hearings in Customs and Border Protection custody, while pausing the implementation of a separate asylum rule ahead of what is expected to be a significant migrant surge next month.

CBP officials warn potential illegal immigrants that ‘border is not open’ as Title 42’s end nears

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Customs and Border Protection (CBP) officials are warning migrants who are thinking of entering the U.S. illegally that the southern border is "not open" — ahead of the end of the Title 42 expulsion authority next month.

"The U.S. Border Patrol in El Paso Sector would like to remind migrants that the border is not open for those without authorization or a legal basis to enter," CBP officials in El Paso said via a statement on Thursday.

Officials have regularly issued warnings in both Spanish and English to combat what they see as misinformation being spread by smugglers and transnational criminal organizations that the border is open.

In the U.S., the debate over the ongoing crisis at the southern border has been fierce. Republicans have accused the administration of adopting "open border" policies that have fueled the crisis — which saw more than 2.3 million migrant encounters in FY 2022 alone. They have pointed to the halting of border wall construction, the ending of Migrant Protection Protocols (MPP) and the paroling in of migrants as examples of policies that have encouraged migrants.

HOUSE REPUBLICANS WANT ANSWERS FROM MAYORKAS ON ‘ABUSE OF PAROLE’ AT THE BORDER AFTER FIERY HEARINGS

Recently a Florida judge shut down the Biden administration’s paroling in on migrants with Alternatives to Detention and accused the administration of having "turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country."

The administration says it is restoring legal asylum pathways destroyed by the prior administration while tackling a historic hemisphere-wide challenge. It has also pointed to recent measures introduced in January, including an expansion of expulsions to four countries — Cuba, Venezuela, Nicaragua and Haiti — along with a humanitarian parole program to allow up to 30,000 migrants from those nations to fly into the U.S. each month. It says those policies have been followed by a sharp drop in encounters at the border.

However, Title 42 is scheduled to end next month on May 11 along with the COVID-19 public health emergency. The order was introduced at the beginning of the pandemic and allows for the rapid expulsion of migrants at the border. Its ending has raised concerns that there will be a fresh surge of migrants at the border who believe they are more likely to be able to be released into the U.S. instead of returned. When the order was set to end at the end of 2022, officials warned of up to 14,000 migrant encounters a day.

FEDERAL JUDGE RULES BIDEN BORDER POLICY UNLAWFUL, A ‘SPEEDBUMP’ FOR ILLEGAL MIGRANTS 

The CBP officials, however, sought to emphasize that removals and other enforcement under the regular Title 8 authorities will still be in place. DHS has separately stated that it has a plan in place to deal with any surge, and will also be introducing an asylum ineligibility for those who cross illegally and have not claimed asylum in a prior country through which they traveled.

"The El Paso Sector is currently working with other sectors to assist with the expulsion of migrants encountered in the El Paso Region. Those migrants that are not amenable to expulsion and do not have a legal basis to remain in the U.S. will be placed in removal proceedings under Title 8. THIS HAS NOT CHANGED," the statement said.

MAYORKAS AGAIN REFUSES TO CALL BORDER SURGE A ‘CRISIS,’ SAYS IT WOULD INDICATE ‘WITHDRAWAL FROM OUR MISSION’

"We would like to emphasize that migrants encountered in the El Paso Sector are also currently being expelled through ports of entry throughout the southwest border," the statement added.

Border policy was under heavy scrutiny last month when Homeland Security Secretary Alejandro Mayorkas appeared before Senate and House committees and defended his agency’s handling of the crisis in the face of fierce Republican criticism. 

Some Republicans have raised the possibility of impeaching Mayorkas for his handling of the crisis, with some lawmakers in the House already introducing impeachment articles against the DHS chief.

Those hearings came after Border Patrol Chief Raul Ortiz had testified to a House hearing that agents did not have "operational control" of the border and that there were multiple sectors facing a "crisis" situation.
 

Texas Sen. Cornyn tears into Mayorkas over fentanyl, border crisis: ‘You should be fired’

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Sen. John Cornyn, R-Texas, tore into Homeland Security Secretary Alejandro Mayorkas on Tuesday and said he should be fired over his handling of the ongoing crisis at the southern border and the flow of fentanyl into the U.S.

"My constituents are saying, who's accountable? Who's accountable? Who's paying a price? Who got fired? Well, you haven't been fired. You should be fired," Cornyn said at a Senate Judiciary hearing. "But you haven't been fired because you were carrying out the policies of the Biden administration. And we've seen nothing but death and destruction as a result."

The fiery remarks came as Cornyn quizzed Mayorkas on the flow of fentanyl into the U.S., as well as the ongoing crisis at the southern border -- which saw more than 2.4 million migrant encounters in the U.S. in FY 2022.

More than 70,000 Americans die each year due to fentanyl -- which is primarily produced in Mexico using Chinese precursors and smuggled in across the southern border.

GRAHAM SAYS ‘AMERICA IS UNDER ATTACK’ FROM MEXICAN DRUG CARTELS: ‘WE NEED TO BE AT WAR WITH THEM’ 

Mayorkas and Democrats have noted that the majority (about 90%) of fentanyl seizures occur at the ports of entry, and those arrested are typically U.S. citizens. 

But Republicans have pointed to the enormous number of gotaways who slip past Border Patrol agents between ports of entry and have noted that it is impossible to know how much fentanyl is being smuggled in.

This clash was seen earlier in the exchange when Cornyn asked Mayorkas about how cartels are attempting to overwhelm agents, so they can slip drugs past them. Mayorkas said he was not aware of that strategy and attempted to highlight the seizures at ports of entry.

"Approximately 90% of the fentanyl that is brought into…" Mayorkas said.

"That’s a totally made-up number," Cornyn replied, cutting him off. "You had nearly 1 million people get away from Border Patrol…between 2022 and 2023, you have no idea how many of those people were carrying fentanyl or other drugs with them do you?"

"Senator, The expert view I received is that approximately 90%…" Mayorkas said.

"That’s a totally made-up number, and you know it," Cornyn shot back.

Mayorkas repeated his claim that the majority of fentanyl is brought in via vehicles at the ports.

MEXICAN SEIZURE OF US COMPANY'S FACILITY MARKS LATEST DIPLOMATIC FUROR AMID TENSIONS OVER FENTANYL, CARTELS 

"The expert view I received is that approximately 90% of the fentanyl is brought in through the ports of entry through passenger vehicles, through trucks, through pedestrians," he said.

Cornyn went on to say that Mayorkas had a "credibility problem with the Congress and the American people."

"I have unflinching confidence in the integrity of my conduct," Mayorkas said.

Mayorkas was on the receiving end of a number of lines of tough questioning from Republicans, who grilled the secretary over his handling of the border crisis. It comes as a number of lawmakers in both the House and the Senate have called for his impeachment over the crisis. Sen. Ted Cruz, R-Texas, called him "incompetent" and accused him of being "willing to allow children to be raped to follow political orders."

Mayorkas called the remarks "revolting" and a DHS spokesperson later followed up with a statement backing the secretary.

"Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people. The Department will continue to enforce our laws and secure our border, protect the nation from terrorism, improve our cybersecurity, all while building a safe, orderly, and humane immigration system. Instead of pointing fingers, Congress should work with the Department and pass legislation to fix our broken immigration system, which has not been updated in over 40 years," the spokesperson said.